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TERMS OF USE, ADVERTISING TERMS & PRIVACY POLICY

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING WWW.TOTALCARMAGAZINES.CO.UK ("this Site"). YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 6 (WARRANTY) AND CLAUSE 7 (LIABILITY).

INTRODUCTION
1.1 "We" are Almond Publishing Ltd and our address is Ochil House, Owen Square, Livingston, EH54 6QF. We can also be contacted at admin@almondpublishing.co.uk. Our VAT number is [GB 865 4564 89].
1.2 These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".
1.3 When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
1.4 Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3.
1.5 You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.

INTELLECTUAL PROPERTY
2.1 The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2.2 Without limitation to clause 2.1, the device and are our registered trademark. You may not use or copy it without our prior written consent.
2.3 This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
2.4 The details of the properties available on this Site are provided to us by our affiliated estate agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

YOUR OBLIGATIONS AND CONDUCT
3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
3.2 You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
3.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.totalcarmagazines.co.uk unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
3.4 You must not include links to this Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any "deep link" to any page on this Site other than the home page at www.totalcarmagazines.co.uk without our prior written consent.

REGISTRATION
4.1 To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
4.2 Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
4.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
4.4 You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.

BARRING FROM THE SITE
5.1 We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

WARRANTY
6.1 Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.2 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.3 The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.
6.4 We make no warranty or guarantee that the Site or information available over it complies with laws other than those of Scotland.

LIABILITY
7.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
7.2 Subject to clause
7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3 Subject to clause 7.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
7.4 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 7.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
7.5 Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
7.6 Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable to you for:
7.6.1 any indirect, consequential, special or punitive loss, damage, costs and expenses;
7.6.2 loss of profit;
7.6.3 loss of business;
7.6.4 loss of reputation;
7.6.5 depletion of goodwill; or
7.6.6 loss of, damage to or corruption of data.
7.7 When you use the "contact forms" on this Site to enquire about property, your details (including your email address) will be sent by email directly to the agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer.

LEGAL JURISDICTION
8.1 Scottish law shall apply to these Terms. You irrEvolutioncably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrEvolutioncably submit all disputes to the exclusive jurisdiction of the Scottish courts.
NOTICES
9.1 All notices shall be given:
9.1.1 to us, by email to admin@almondpublishing.co.uk or by post to Almond Publishing Ltd. Our address is Suite 2 Ochil House, Owen Square, Livingston, EH54 6QF. 9.1.2 to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of this Site from time to time.
9.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.

CUSTOMER FEEDBACK
10.1 We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, Almond Publishing Ltd, Suite 2 Ochil House, Owen Square, Livingston, EH54 6QF. or e-mail us at admin@almondpublishing.co.uk. We aim to acknowledge all customer feedback.

GENERAL
11.1 We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
11.2 These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms. 

TERMS OF ADVERTISING

1. Establishment of contract: A booking is considered to have been agreed when the sales department's order form has been received, signed and dated from the advertiser or purchase order form has been received from the advertiser / agency. Email replies confirming bookings will also be applicable as confirmed booking. Clients may reply to booking forms with BOOKED in the subject line - this will also conirm a booking. A confirmed booking shall also be made if advert copy is submitted, even if no signed booking has been sent - this will apply to a single OR a series booking. Email and written communication where the advertisement is referred to will also constitute a confirmed booking. We reserve the right to refuse to insert any advertisement even though accepted and paid for, and to make any alterations we deem necessary to maintain our standards. The advertiser will indemnify the proprietors and the printers against any damages they may sustain in consequence of publication of his/her announcement.

2. ONLY where advertisement copy instructions are received no later than the appropriate copy date, an email pdf proof or fax copy proof will be supplied to the advertiser. Advertisers are reminded that the purpose of a proof is to check that the publisher has designed the advertisement according to instructions. For artwork supplied direct from the client / agency,no proof is supplied prior to publication. Where a proof has been supplied and agreed prior to publication, no credit will be considered in respect of errors. No proof will be supplied for editorial content.

3. Our published rates for space bookings are based on the assumption that the advertiser will supply completed, finished artwork or artwork on disc. The publishers offer a basic production service to prepare advertisements for those customers without access to such facilities. Repeat or lengthy work may require a surcharge.

4. Every care is taken to avoid mistakes but the publishers shall not be liable for any omission or inaccuracy in published advertisements or for the failure of an advertisement to appear for any reason whatsoever. Advertiser's property, artwork etc are held at owner's risk and should be insured by them against loss or damage from whatever cause. Arial Limited do not assume responsibility for the loss of artwork or photographs supplied.

5. Advertisements which do not conform to the Trade Descriptions Act, 1968, the Sex Discrimination Act, 1975, the Business Advertisements (Disclosure) Order, 1977 and other relevant legislation will be refused.

6. Participation in advertisement features and supplements does not imply any editorial coverage.

7. Print run may be subject to change at our discretion at any time dependant on time of year or advertising levels. This does not affect the number of distribution points.

8. Adverts accepted on credit are due for payment within 28 days of the date of invoice unless otherwise agreed. Prepayment is strictly required from classified advertisers and non-credit account customers. The existence of a query on an individual item shall not affect payment of the balance of the account being made within the terms.

9. We reserve the right to apply interest on overdue accounts and charge for costs incurred in respect of dishonoured cheques.

10. Advertising Agency commission is paid at the discretion of the publisher dependant on the agency making the initial contact and implementing a booking. If a booking is made direct with the agency's client without us having been informed of any agency involvement, no agency commission will be applicable. Where agreement has been reached it is on the understanding that the Agency has accepted these conditions. We reserve the right to withhold commission where agencies persistently breach payment terms.

11. 1 voucher copy is supplied as standard for display advertisements. Further copies must be requested separately.

12. The copyright for all purposes in all artwork, copy and other material which the publisher or his employees have originated, contributed to or reworked shall vest in the publisher. The publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or to permit the same) all supplied advertisement (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise. If copyright is breached, client will be invoiced a breach of copyright charge and will be billed for time spent on preparing the artwork.

13. In the event of copy not being supplied on time, the proprietors reserve the right to repeat any previous advertisement without further reference and at the same insertion charge, to compose an advertisement on behalf of the advertiser using what information is available to us, or go to press without the advertisement, for which a full charge will be made in the same manner as for a late cancellation.

14. Advertisement rates are subject to immediate revision at any time. Any price increases will not affect the current booking schedule.

15. Cancellations are only acceptable if received in writing to Total Car Magazines, Ochil House, Owen Square, Livingston, West Lothian, EH54 6QF, no later than seven days before the copy date of the appropriate issue.

• Our cancellation charges are as follows,
• less than one week (7 days) prior to booking deadline -full insertion rate;
• one to four weeks - 50% of insertion charge;
• more than four weeks - 10% of insertion charge
• (percentages are on rate card cost - not on discounted cost).

Cancellation of series bookings will also incur a retrospective charge on all discounts given on insertions already published. For the avoidance of doubt, the difference between the rate card cost and the discounted price will be charged for ALL adverts in the series which have been taken plus the percentage of insertion charges as detailed above depending on how close to copy date the series / single issues are cancelled.

16. The publisher reserves the right to cancel any bookings where a client has breached our payment terms.  Future adverts booked will still be charged at the agreed rates however no advert will be run.  If we have to cancel a booking, this would be in writing to the client and we would instigate the cancellation policy at clause 15 above.

17. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an agency's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.

18. Any advertisement booking is made with the magazine stated on the booking / proposal form and with the company who publishes the magazine title(s) at the time of publication. Change of publisher is not a valid reason for cancelling any booking.

19. Scottish law shall apply to these Terms and all bookings. You irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts. You agree to this by agreeing the contract by the methods laid out.

20. Our terms and conditions are subject to change at any time and without notice being needed.

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